July 2019 Visa Bulletin – FB-2A is Current Allowing I-485 Filings; EB China Advances Well While EB India Unchanged

The U.S. State Department has just released the July 2019 Visa Bulletin which is the tenth Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin is the fact that FB-2A is “Current” allowing I-485 filings.   Also, EB-2 and EB-3 China advance by several months.    No significant movement for EB India.

Second Update  (06/26/2019):   After indicating otherwise, on June 26, 2019, USCIS has revised their position about FB-2A and they WILL consider the “Final Action” dates for FB-2A only.    As a result, for July 2019, the cutoff date for all countries for FB-2A is “Current” which means that applicants who are in the U.S. on valid status can either file a concurrent I-130 and I-485 applications or file I-485 based on a pending or approved I-130 petition.

Update (06/14/2019):  Unfortunately, USCIS has announced that for July 2019 they will consider the “Filing” dates for family-based cases, so even though USCIS can approve pending I-485s FB-2A with any priority date, they would only accept new I-485 filings for FB-2A cases with a priority date earlier than March 8, 2019. 

Summary of the July 2019 Visa Bulletin – Employment-Based (EB)

Please note that USCIS will determine, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates. Please see the section below.

Summary of the July 2019 Visa Bulletin – Family-Based (FB)

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

FB-2A Current for All Countries – Opportunity to File I-485 Adjustment of Status

A significant development is that the Family-based Second Preference (FB-2A) category has become “Current” for July and, according to the Department of State, it is expected to remain “Current” through September.   This action has been taken in an effort to generate an increased level of “demand” or number of filings.     It should be noted that the FB-2A will not remain Current indefinitely, but it is not possible to say at present how soon a cutoff will be introduced.

FB-2A category is for “Spouses and Children (generally under 21 years of age) of Permanent Residents”

This means that FB-2A applicants, especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in July or August in the event there is a cutoff date introduced in September or October.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    So this is an opportunity to file I-485 not only for existing but also for new FB-2A cases.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Visa Bulletin Predictions for Next Several Months

The Department of State has provided some predictions about how the cutoff dates are likely to move over the next several months:

EB-1 ROW.   Little or any forward movement expected.   Possible additional “restrictions” in September (last month in fiscal year).

EB-1 China.   Little or no forward movement.

EB-1 India.   No forward movement.   The date will return to February 22, 2017 for October.

EB-2 ROW.   Expected to remain current; possible cutoff date for September (last month in fiscal year).

EB-2 China.  Up to four months at a time.

EB-2 India.  Up to one week at a time.

EB-3 ROW.  Expected to remain current; possible cutoff date for September (last month in fiscal year).

EB-3 China.  Up to several months at a time.

EB-3 India.  Little, if any, forward movement.

Current Date?

Our office stands ready to assist in the applicable process to take advantage of the significant restructuring in the way the cutoff dates are determined and published.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the July 2019 Visa Bulletin. Finally, if you already haven’t, please consider our Visa Bulletin Predictions tool which provides personalized predictions and charts helping you understand when a particular priority date may become current and what are the movement patterns.